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Home My WebLink AboutCC Resolution 11630 (Terminate BMR Agreement)CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 11630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A TERMINATION AND RELEASE OF THE RENTAL BELOW MARKET RATE HOUSING AGREEMENT — MHP II (MC INNIS PARK APARTMENTS APN 155-251-54) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The Mayor and the City Clerk are authorized to execute on behalf of the City of San Rafael, a Termination and Release of the Rental Below Market Rate Housing Agreement with MHP II for APN 155-251-54, in a form to be approved by the City Attorney, and to take all actions necessary to provide and implement the partial release. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 7`" day of September, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller ABSTAIN: COUNCILMEMBERS: None JE M. LEONCINI, City Clerk �;C k` � Ff � � ��1�• i �a Recording Requested by.- City y:City of San Rafael When Recorded Return to: City of San Rafael Attention: Jeanne M. Leoncini, City Clerk P. O. Box 151560 San Rafael, CA 94915-1560 THIS SPACE FOR RECORDERS USE ONLY (Note: Certified Copy of Resolution #11630 adopted by the City Council 9/7/04, attached) TERMINATION AND RELEASE AG>%MENT /T� This termination and Release Agreement is made and entered into as of �, 2005, by and between the City of San Rafael, a municipal corporation (the "City") and Western Pacific Housing Incorporated, a Delaware Corporation. Recitals A. Pursuant to City Council Resolution 11181, adopted on October 7, 2002, the City and McInnis Housing Partners, also known as MHP II, a California Limited Partnership entered into a Below Market Rate Rental Housing Agreement ( the "2002 Rental BMR Agreement"), which was recorded on January 3, 2003 by Instrument No. 2003-0000921 and applied to 42 apartments on the subject parcel. B. Pursuant to City Council Resolution 11581, adopted on June 20, 2004 the City and MHP II entered into a Below Market Rate Housing Agreement ( the "2004 BMR Agreement") for 56 condominium units on the same parcel as Instrument No. 2003-0000921 and an additional parcel, recorded on July 21, 2004 by Instrument No. 2004-0063529. C. The property referred to in Instrument No. 2004-0063529 was subsequently purchased by Western Pacific Housing Inc., a Delaware Corporation which has succeeded to the rights and obligations of MHP II under the 2002 Rental BMR Agreement. D. The City and Western Pacific Housing Inc., desire to terminate the 2002 Rental BMR Agreement since it has been superceded by the 204 BMR Agreement. Now, therefore, the City and Western Pacific Housing Incorporated do hereby terminate and release said 2002 Rental BMR Agreement (Instrument No. 2003-0000921), as authorized by City Council Resolution No. 11630, dated September 7, 2004. CITY OF SAN RAFAEL BY: ATTEST: / Al J. Boro, Mayos Jeanne Leoncini, City Clerk r• APPROVED AS TO FORM: 7- �— Gary T. Ragghianti, City Attorney WESTERN PACIFIC HOUSING INC., A Delaware Corporation BY: % / � �/��-� c` Glenn R. Brown, Vice President STATE OF CALIFORNIA COUNTY OF &141pr,04 } SS On ?pe�;, 3, >00 before me, the undersigned, a Notary Public in and for said County and Statersonally appeared: a - f3ryzvh- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. DEBRA A. FERRANTI Commission # 1460019 WITNESS my hand and official seal.@MY Notary Public - CaliforniaContra Costa County Comm. Expires Jan 31, 2008! i Signatureb�6(t a2�" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin on July 18, 2005 Date personally appeared Al bert J ss. beforeme, Esther Colette Beirne, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public') ., = EMHER COLETTE BEIRNE _ Commission # 1423444 s Notaryublic P - Capfomla Marin County My Comm. &" Jun n 10, 2007 Name(s) of Signer(s) X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(a+ is/afla subscribed to the within instrument and acknowledged to me that he/sh&A#ey executed the same in his/hadheir authorized capacity(ies), and that by his/he#ftir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal. S l G C"J)) tc,c L, Slgnalure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuab t persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Termination and Release Agreement (Western Pacific Housing Incorporated) Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro WE%, 'A1111911111 ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — Limited General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator M Other: Signer Is Representing: Ci tv of San Rafael 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-600-876.6627 WESTERN PACIFIC HOUSING, INC. CONSENT OF SOLE DIRECTOR October 20, 2004 The undersigned, being sole director of Western Pacific Housing, Inc., a Delaware corporation (the "Company"), hereby consents inwritingto the adoption ofthe following resolutions: Removal of Officer RESOLVED, that Edward A. Galigher is hereby removed from each office of the Company which he currently holds. Election of Vice President and Division President RESOLVED, that Glenn R. Brown is hereby elected to the office of Vice President of the Company and Division President (the "Division President') of the Company's Bay Area Division (the "Division"), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED FURTHER, that the Division President is hereby authorized and empowered, in the Division and in the name and on behalf of (A) the Company, (B) anypartnership ofwhich the Company is a general partner, manager or agent, and (C) any limited liability company of which the Company is a member, manager or agent (collectively the "Entities"), (i) subject to written approval by any one of the following officers of the Company: (a) Chairman of the Board, (b) President, (c) Senior Executive Vice President, (d) Executive Vice President or (e) the Region President of the Division (the "Approving Officers"), to execute and deliver contracts, agreements and other documents and instruments for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii), subject to written approval by any one of the Approving Officers, to execute and deliver contracts, agreements, deeds; conveyances or other obligations of the Entities, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled bythe Entities and (iii) to execute and deliver office and model home leases and such other agreements, instruments or documents as the Approving Officers shall direct. RESOLVED FURTHER, that in connection with the management of the Entities' business, the Division President is hereby authorized and empowered, in the name and on behalf of the Entities in the Division, to execute and deliver (i) contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, (ii) home sales contracts, sales person employment agreements and similar or equivalent agreements, documents or instruments and (iii) personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER, that in connection with the management of the Entities' business in the Division, the Division President shall be authorized and empowered, in the name and on behalf of the Entities in the Division, to execute and deliver any and all documents and instruments necessary to sell and convey title to single-family homes. IN WITNESS WHEREOF, the undersigned has signed as of the date first above written. �. Z 4�� Donald R. Horton / U:VTEWALI\Min\WPHInc\040caO-Con.wpd 2 EXHIBIT A Property Description ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described below as follows: PARCEL ONE: ALL THAT PORTION shown upon that certain Parcel Map entitled "Parcel Map of Lot 5B of Parcel Map of Lot Line Adjustment Lots 5, 12 & Parcel C, Smith Ranch — Northerly Portion — 17 R.M. 39 — 21 P.M. 88 — 23 PM 46 — Lands of Medical Retirement Communities, Inc., San Rafael, Marin County, California", filed for record October 31, 1988 in Book 24 of Parcel Maps, at Page 36, Marin County Records. EXCEPTING THEREFROM that portion lying within Silveira Parkway ALSO EXCEPTING therefrom that portion conveyed in the Deed recorded September 15, 2003 as Instrument No. 2003 0114153 and re-recorded October 14, 2003 as Instrument No. 2003 0126087, Marin County Records, and more particularly described as follows: A PARCEL of land situate in the Town of San Rafael, County of Marin, State of California, being a portion of Lot 5B of that certain Map entitled, "Map of Smith Ranch Homes Condominium Being a Resubdivision of Lots 5 & 12 of Smith Ranch", filed for record October 31, 1988 in Book 24 of Parcel Maps, at Page 36, Marin County Records, and more particularly described as follows: BEGINNING at the most Northerly corner of Lot 513; thence along the Northeasterly line of said Lot 5B, South 510 28' 36" East 82.00 feet; thence leaving said Northeasterly line, South 380 31'24" West, 75.71 feet to a point on a 405.00 foot radius non -tangent curve, the radius point of which bears South 42011'57" West; thence along said curve, through a central angle of 0037'53", an arc distance of 4.46 feet; thence North 48025'56" West 0.88 feet; thence South 39°50'21" West, 59.15 feet; thence North 51004'54" West, 47.97 feet to a point on the Northwesterly line of said Lot 5B, thence along said Northwesterly lot line, North 38031'24" East, 61.43 feet, North 48025'56" West, 27.39 feet and North 38031'24" East, 71.32 feet to the true point of beginning. PARCEL TWO: Parcel One, as shown upon that certain Parcel Map entitled, "Parcel Map of McInnis Park Appartments II, Being a Resubdivision of Parcels F, G & a Portion of B, Smith Ranch Homes (20 RM 58) and a Portion of Parcel 5B (24 PM 36) San Rafael, California" filed for record September 15, 2003 in Book 2003 of Parcel Maps, at Page 208, Marin County Records. CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 11630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A TERMINATION AND RELEASE OF THE RENTAL BELOW MARKT RATE HOUSING AGREEMENT — MHP II (MC INNIS PARK APARTMENTS APN 155-251-54) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The Mayor and the City Clerk are authorized to execute on behalf of the City of San Rafael, a Termination and Release of the Rental Below Market Rate Housing Agreement with MHP II for APN 155-251-54, in a form to be approved by the City Attorney, and to take all actions necessary to provide and implement the partial release. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 7th day of September, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: None Miller None JEAKNE M. LEONCINI, City Clerk